Turess v. New York, Susquehanna & Western Railroad
Supreme Court of New Jersey
On error to the Passaic Circuit Court. The judgment brought up for review was entered in favor of the defendant upon a demurrer to the plaintiff’s declaration, the ground of decision being that no actionable wrong on the part of the defendant was disclosed thereby.
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On error to the Passaic Circuit Court. The judgment brought up for review was entered in favor of the defendant upon a demurrer to the plaintiff’s declaration, the ground of decision being that no actionable wrong on the part of the defendant was disclosed thereby. The allegation of .the declaration, in substance, is that the defendant company was the owner and operator of a railroad running through the city of Paterson, and that in connection therewith it operated and controlled a turntable on its land abutting on the south side of Ellison street, distant about one-hundred feet from the main…
1Opinion of the Court
The opinion of the court was delivered by
Magie, Chief Justice.
The ground upon which the alleged duty oidhe defendant company is restéd involves the doctrine of the cases which have come to be called “ Turntable cases.” The first case of importance in this country upon that subject is Railroad Company v. Stout, 17 Wall. 657. That case has been followed more or less closely in a great number of cases which may be found collected in 27 Am. & Eng. Encycl. L. 344. While the doctrine of the United States Supreme Court, in the ease cited, has been adopted by many courts, it has, as we shall see, the…
2Cases cited9 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Phillips v. Library Co.Supreme Court of New Jersey · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mandeville Mills v. DaleCourt of Appeals of Georgia · 1907
- Snare & Triest Co. v. FriedmanCourt of Appeals for the Third Circuit · 1909
- Hull Ex Rel. Hull v. GilliozSupreme Court of Missouri · 1939
- Bottom's v. HawksSupreme Court of Vermont · 1911
- Guinn v. Delaware & Atlantic Telephone Co.Supreme Court of New Jersey · 1905
18 more not listed; retrieve them via the Exa API.